BILL NUMBER: ABX1 1	CHAPTERED  04/06/99

	CHAPTER   4
	FILED WITH SECRETARY OF STATE   APRIL 6, 1999
	APPROVED BY GOVERNOR   APRIL 6, 1999
	PASSED THE SENATE   MARCH 22, 1999
	PASSED THE ASSEMBLY   MARCH 22, 1999
	AMENDED IN SENATE   MARCH 18, 1999
	AMENDED IN SENATE   MARCH 11, 1999
	AMENDED IN SENATE   MARCH 4, 1999
	AMENDED IN ASSEMBLY   FEBRUARY 18, 1999
	AMENDED IN ASSEMBLY   FEBRUARY 12, 1999

INTRODUCED BY   Assembly Members Villaraigosa, Strom-Martin, and
Alquist

                        JANUARY 19, 1999

   An act to amend Sections 44662 and 44664 of, to add Section 44498
to, to add Article 4.5 (commencing with Section 44500) to Chapter 3
of Part 25 of, and to repeal Article 4 (commencing with Section
44490) of Chapter 3 of Part 25 of, the Education Code, relating to
teachers, and making an appropriation therefor.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1, Villaraigosa.  California Peer Assistance and Review Program
for Teachers.
   (1) Existing law establishes the California Mentor Teacher Program
and provides that the primary function of a mentor teacher is to
provide assistance and guidance to new teachers.  Existing law
authorizes mentor teachers to provide staff development for teachers
and develop special curriculum.
   This bill would make the California Mentor Teacher Program
inoperative on July 1, 2001, and would repeal it as of January 1,
2002.  The bill would establish the California Peer Assistance and
Review Program for Teachers, which would become fully operational on
July 1, 2001, when it would completely replace the California Mentor
Teacher Program.
   This bill would allow the governing board of a school district and
the exclusive representative of the certificated employees in the
school district to implement a peer assistance and review program for
teachers.  The bill would require teachers receiving assistance in
the program to have permanent status if the school district has 250
or greater units of average daily attendance or to be a permanent or
probationary employee if the school district has fewer than 250 units
of average daily attendance and to volunteer to participate or be
referred for participation in the program as a result of their
biennial evaluation.  The program would also require performance
goals for individual teachers to be in writing, clearly stated, and
aligned with pupil learning goals, assistance and review to include
multiple observations of a teacher during periods of classroom
instruction, a school district to provide sufficient staff
development activities to assist teachers to improve their teaching
skills and knowledge, a teacher's final evaluation on program
participation to be made available for placement in the teacher's
personnel file, and a monitoring component with a written record.
   This bill would require a joint teacher administrator peer review
panel to select consulting teachers and to annually evaluate the
impact of the district's peer assistance and review program in order
to improve the program.
   This bill would provide that a school district that accepts state
funds for purposes of this program agrees to negotiate the
development and implementation of the program with the exclusive
representative of the certificated employees in the school district,
if the certificated employees in the district are represented by an
exclusive representative.
   This bill would provide that not more than 5% of the funds
received by a school district for the Peer Assistance and Review
Program for Teachers may be expended for administrative expenses.
   This bill would permit a school district to notify the
Superintendent of Public Instruction that it plans to implement a
program and would require the superintendent to apportion funds to
that school district for staff development activities and training
for district personnel that are necessary to implement a program.
   This bill would make a school district that does not elect to
participate in the California Peer Assistance and Review Program for
Teachers ineligible for any apportionment, allocation, or other
funding from an appropriation for this program, for local assistance
appropriated pursuant to Budget Act Item 6110-231-0001, for the
Administrator Training and Evaluation Program, for the Instructional
Time and Staff Development Reform Program, and for school development
plans.
   This bill would, commencing with the 2000-01 fiscal year,
authorize a school district that receives funds for the California
Peer Assistance and Review Program for Teachers to expend those funds
also for the Marian Bergeson Beginning Teacher Support and
Assessment System, the California Pre-Internship Teaching Program,
district intern program, and other professional development, as
described.
   This bill would require the Superintendent of Public Instruction,
subject to the availability of funding in the annual Budget Act, to
contract with an independent evaluator on or before December 15,
2002, to prepare a comprehensive evaluation of the implementation,
impact, cost, and benefit of the California Peer Assistance and
Review Program for Teachers and to submit the evaluation to the
Legislature, the Governor, and interested parties on or before
January 1, 2004.
   This bill would provide that state funding for this program
subsequent to the 1999-2000 fiscal year is subject to an
appropriation in the annual Budget Act.
   (2) Existing law requires the governing board of each school
district to evaluate and assess certificated employee performance as
it reasonably relates to the progress of pupils toward the standards
of expected pupil achievement established by the governing board.
   This bill would require the governing board also to evaluate and
assess certificated employee performance as it reasonably relates to
the progress of pupils toward the state-adopted academic content
standards as measured by state-adopted criterion referenced
assessments, thereby imposing a state-mandated local program.  The
bill would require the results of an employee's participation in the
Peer Assistance and Review Program to be considered in this
evaluation.  The bill would authorize a school district to require
that a certificated employee who receives an unsatisfactory rating in
this evaluation to participate in its Peer Assistance and Review
Program.
   (3) This bill would appropriate $125,082,000 for the 1999-2000
fiscal year from the General Fund to the Superintendent of Public
Instruction, with $41,800,000 for the purpose of providing staff
development activities and training for school district personnel
that is necessary to implement the Peer Assistance and Review Program
for Teachers, $83,200,000 for the purpose of the California Mentor
Teacher Program, and $82,000 for support services for the Peer
Assistance and Review Program for Teachers.
   To the extent that funds appropriated by this bill are allocated
to a school district or community college district, those funds would
be applied toward the minimum funding requirements for school
districts and community college districts imposed by Section 8 of
Article XVI of the California Constitution.
  (4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  It is the intent of the Legislature to establish a
teacher peer assistance and review system as a critical feedback
mechanism that allows exemplary teachers to assist veteran teachers
in need of development in subject matter knowledge or teaching
strategies, or both.
   It is further the intent of the Legislature that a school district
that operates a program pursuant to Article 4.5 (commencing with
Section 44500) of Chapter 3 of Part 25 of the Education Code
coordinate its employment policies and procedures for that program
with its activities for professional staff development, the Beginning
Teacher Support and Assessment Program, and the biennial evaluations
of certificated employees required pursuant to Section 44664.
  SEC. 2.  Section 44498 is added to the Education Code, to read:
   44498.  (a) When a school district notifies the Superintendent of
Public Instruction that it plans to implement a program pursuant to
Article 4.5 (commencing with Section 44500), this article shall not
apply to that school district.
   (b) This article shall become inoperative on July 1, 2001, and, as
of January 1, 2002, is repealed, unless a later enacted statute that
is enacted before January 1, 2002, deletes or extends the dates on
which it becomes inoperative and is repealed.
  SEC. 3.  Article 4.5 (commencing with Section 44500) is added to
Chapter 3 of Part 25 of the Education Code, to read:

      Article 4.5.  California Peer Assistance and Review Program for
Teachers

   44500.  (a) There is hereby established the California Peer
Assistance and Review Program for Teachers.   The governing board of
a school district and the exclusive representative of the
certificated employees in the school district may develop and
implement a program authorized by this article that meets local
conditions and conforms with the principles set forth in subdivision
(b).
   (b) The following principles, at a minimum, shall be included in a
locally developed program authorized by this article:
   (1) A teacher participant shall be a permanent employee in a
school district with 250 or greater units of average daily attendance
or a permanent or probationary employee in a school district with
fewer than 250 units of average daily attendance and volunteer to
participate in the program or be referred for participation in the
program as a result of an evaluation performed pursuant to
subdivision (b) of Section 44664.  In addition, teachers receiving
assistance may be referred pursuant to a collectively bargained
agreement.
   (2) Performance goals for an individual teacher shall be in
writing, clearly stated, aligned with pupil learning, and consistent
with Section 44662.
   (3) Assistance and review shall include multiple observations of a
teacher during periods of classroom instruction.
   (4) The program shall expect and strongly encourage a cooperative
relationship between the consulting teacher and the principal with
respect to the process of peer assistance and review.
   (5) The school district shall provide sufficient staff development
activities to assist a teacher to improve his or her teaching skills
and knowledge.
   (6) The program shall have a monitoring component with a written
record.
   (7) The final evaluation of a teacher's participation in the
program shall be made available for placement in the personnel file
of the teacher receiving assistance.
   44501.  A consulting teacher participating in a program operated
pursuant to this article shall meet locally determined criteria and
each of the following qualifications:
   (a) The consulting teacher shall be a credentialed classroom
teacher with permanent status or, in a school district with an
average daily attendance of less than 250 pupils, a credentialed
classroom teacher who has completed at least three consecutive school
years as an employee of the school district in a position requiring
certification qualifications.
   (b) The consulting teacher shall have substantial recent
experience in classroom instruction.
   (c) The consulting teacher shall have demonstrated exemplary
teaching ability, as indicated by, among other things, effective
communication skills, subject matter knowledge, and mastery of a
range of teaching strategies necessary to meet the needs of pupils in
different contexts.
   44502.  (a) The governance structure of a program designed
pursuant to this article shall include a joint teacher administrator
peer review panel that shall select  consulting teachers, review peer
review reports prepared by  consulting teachers, and make
recommendations to the governing board of a school district regarding
participants in the program, including forwarding to the governing
board the names of individuals who, after sustained assistance, are
not able to demonstrate satisfactory improvement.
   (b) The majority of the panel shall be composed of certificated
classroom teachers chosen to serve on the panel by other certificated
classroom teachers.  The remainder of the panel shall be composed of
school administrators chosen to serve on the panel by the school
district.
   (c) The panel's procedures for selecting consulting teachers, at a
minimum, shall require the following:
   (1) Consulting teachers shall be selected by the majority vote of
the panel.
   (2) The selection process shall include provisions for classroom
observation of the candidates for  consulting teacher by the panel.
   (d) The panel shall also annually evaluate the impact of the
district's peer assistance and review program in order to improve the
program.  This evaluation may include, but is not limited to,
interviews or surveys of the program participants.  The panel may
submit recommendations for improvement of the program to the
governing board of the school district and to the exclusive
representative of the certificated employees in the school district,
if the certificated employees in the district are represented by an
exclusive representative.
   44503.  (a) The governing board of a school district that accepts
state funds for purposes of this article agrees to negotiate the
development and implementation of the program with the exclusive
representative of the certificated employees in the school district,
if the certificated employees in the district are represented by an
exclusive representative. In a school district in which the
certificated employees are not represented, the school district shall
develop a Peer Assistance and Review Program for Teachers consistent
with this article in order to be eligible to receive funding under
this article.
   (b) Functions performed pursuant to this article by certificated
employees employed in a bargaining unit position shall not constitute
either management or supervisory functions as defined by
subdivisions (g) and (m) of Section 3540.1 of the Government Code.
   (c) Teachers who provide assistance and review shall have the same
protection from liability and access to appropriate defense as other
public school employees pursuant to Division 3.6 (commencing with
Section 810) of Title 1 of the Government Code.
   (d) It is the intent of the Legislature that school districts be
allowed to combine, by mutual agreement, their programs of peer
assistance and review with those of other school districts.
   (e) Not more than 5 percent of the funds received by a school
district for the Peer Assistance and Review Program for Teachers may
be expended for administrative expenses.
   44504.  (a) Except as provided in Section 44505, the California
Peer Assistance and Review Program for Teachers shall become fully
operational on July 1, 2001, on which date it shall completely
replace the California Mentor Teacher Program established pursuant to
Chapter 1302 of the Statutes of 1983 and set forth in Article 4
(commencing with Section 44490).  This article is applicable to all
school districts that elect to receive state funds for the California
Peer Assistance and Review Program for Teachers.  Commencing with
the 2001-02 fiscal year, funding shall only be made available for
purposes authorized by this article.  A school district that elects
to participate in the program established pursuant to this article
shall certify to the Superintendent of Public Instruction that it has
implemented a Peer Assistance and Review Program for Teachers
pursuant to this article.
   (b) A school district that does not elect to participate in the
program authorized under this article by July 1, 2001, is not
eligible for any apportionment, allocation, or other funding from an
appropriation for the program authorized pursuant to this article or
for any apportionments, allocations, or other funding from funding
for local assistance appropriated pursuant to Budget Act Item
6110-231-0001, funding appropriated for the Administrator Training
and Evaluation Program set forth in Article 3 (commencing with
Section 44681) of Chapter 3.1 of Part 25, from an appropriation for
the Instructional Time and Staff Development Reform Program as set
forth in Article 7.5 (commencing with Section 44579) of Chapter 3, or
from an appropriation for school development plans as set forth in
Article 1 (commencing with Section 44670.1) of Chapter 3.1 and the
Superintendent of Public Instruction shall not apportion, allocate,
or otherwise provide any funds to the district pursuant to those
programs.
   (c) Commencing February 1,  2002, a school district that elects
not to participate in the program authorized under this article shall
report annually at a regularly scheduled meeting of the governing
board of the school district on the rationale for not participating
in the program.
   44505.  (a) Between July 1, 1999, and June 30, 2000, a school
district may notify the Superintendent of Public Instruction that it
plans to implement, commencing July 1, 2000, a Peer Assistance and
Review Program for Teachers pursuant to this article.  Upon receipt
of the notification by the school district, the Superintendent of
Public Instruction shall apportion to the school district an amount
equal to the number of mentor teachers that the state funded for the
district in the 1999-2000 fiscal year pursuant to Article 4
(commencing with Section 44490) multiplied by two thousand eight
hundred dollars ($2,800).  The school district may use the funds
apportioned pursuant to this section for activities necessary to
implement the Peer Assistance and Review Program for Teachers.
   (b) Between July 1, 2000, and May 31, 2001, a school district may
notify the Superintendent of Public Instruction that it plans to
implement, commencing July 1, 2001, a Peer Assistance and Review
Program for Teachers pursuant to this article.  On or before June 29,
2001, the Superintendent of Public Instruction shall apportion to
every school district that provides this notification an amount equal
to the number of mentor teachers that the state funded for the
school district in the 1999-2000 school year pursuant to Article 4
(commencing with Section 44490) times a maximum of one thousand
dollars ($1,000).
   (c) The maximum amount of funds available for apportionment to
school districts by the Superintendent of Public Instruction for
allocation pursuant to subdivision (b) shall be the amount
appropriated pursuant to subdivision (a) of Section 6 of the act
adding this section, minus any funds apportioned by the
Superintendent of Public Instruction to school districts pursuant to
subdivision (a) as of June 30, 2000.
   (d) A school district may use funds apportioned pursuant to this
section for activities necessary to implement the Peer Assistance and
Review Program for Teachers.
   44506.  (a) The state funding for this article subsequent to the
1999-2000 fiscal year is subject to an appropriation in the annual
Budget Act.  It is the intent of the Legislature that the funding for
the program for the 2000-01 fiscal year be at least equal to the
1999-2000 fiscal year appropriation for Article 4 (commencing with
Section 44490) plus the amount apportioned pursuant to Section 44505.

   (b) If a school district elects to implement a Peer Assistance and
Review Program for Teachers after June 30, 2000, but before July 1,
2001, it is the intent of the Legislature that the school district's
state apportionment for fiscal year 2000-01 be at least equal to the
dollar amount the district received in the 1999-2000 fiscal year for
purposes of Article 4 (commencing with Section 44490).
   (c) A school district that receives funds for purposes of this
article may also expend those funds for any of the following
purposes:
   (1) The Marian Bergeson Beginning Teacher Support and Assessment
System as set forth in Article 4.5 (commencing with Section 44279.1)
of  Chapter 2.
   (2) The California Pre-Internship Teaching Program as set forth in
Article 5.6 (commencing with Section 44305) of Chapter 2.
   (3) A district intern program as set forth in Article 7.5
(commencing with Section 44325) of Chapter 2.
   (4) Professional development or other educational activities
previously provided pursuant to Article 4 (commencing with Section
44490) of Chapter 3.
   (5) Any program that supports the training and development of new
teachers.
   44507.  Subject to the availability of funding in the annual
Budget Act, the Superintendent of Public Instruction shall contract
with an independent evaluator on or before December 15, 2002, to
prepare a comprehensive evaluation of the implementation, impact,
cost, and benefit of the California Peer Assistance and Review
Program for Teachers.  The evaluation shall be delivered to the
Legislature, the Governor, and interested parties on or before
January 1, 2004.
   44508.  For purposes of this article, "school district" includes a
county office of education.
  SEC. 4.  Section 44662 of the Education Code is amended to read:
   44662.  (a) The governing board of each school district shall
establish standards of expected pupil achievement at each grade level
in each area of study.
   (b) The governing board of each school district shall evaluate and
assess certificated employee performance as it reasonably relates
to:
   (1) The progress of pupils toward the standards established
pursuant to subdivision (a) and, if applicable, the state adopted
academic content standards as measured by state adopted criterion
referenced assessments.
   (2) The instructional techniques and strategies used by the
employee.
   (3) The employee's adherence to curricular objectives.
   (4) The establishment and maintenance of a suitable learning
environment, within the scope of the employee's responsibilities.
   (c) The governing board of each school district shall establish
and define job responsibilities for certificated noninstructional
personnel, including, but not limited to, supervisory and
administrative personnel, whose responsibilities cannot be evaluated
appropriately under the provisions of subdivision (b) and shall
evaluate and assess the performance of those noninstructional
certificated employees as it reasonably relates to the fulfillment of
those responsibilities.
   (d) Results of an employee's participation in the Peer Assistance
and Review Program for Teachers established by Article 4.5
(commencing with Section 44500) shall be made available as part of
the evaluation conducted pursuant to this section.
   (e) The evaluation and assessment of certificated employee
performance pursuant to this section shall not include the use of
publishers' norms established by standardized tests.
   (f) Nothing in this section shall be construed as in any way
limiting the authority of school district governing boards to develop
and adopt additional evaluation and assessment guidelines or
criteria.
  SEC. 5.  Section 44664 of the Education Code is amended to read:
   44664.  (a) Evaluation and assessment of the performance of each
certificated employee shall be made on a continuing basis, at least
once each school year for probationary personnel, and at least every
other year for personnel with permanent status.  The evaluation shall
include recommendations, if necessary, as to areas of improvement in
the performance of the employee.  If an employee is not performing
his or her duties in a satisfactory manner according to the standards
prescribed by the governing board, the employing authority shall
notify the employee in writing of that fact and describe the
unsatisfactory performance.  The employing authority shall thereafter
confer with the employee making specific recommendations as to areas
of improvement in the employee's performance and endeavor to assist
the employee in his or her performance.  When any permanent
certificated employee has received an unsatisfactory evaluation, the
employing authority shall annually evaluate the employee until the
employee achieves a positive evaluation or is separated from the
district.
   (b) Any evaluation performed pursuant to this article which
contains an unsatisfactory rating of an employee's performance in the
area of teaching methods or instruction may include the requirement
that the certificated employee shall, as determined necessary by the
employing authority, participate in a program designed to improve
appropriate areas of the employee's performance and to further pupil
achievement and the instructional objectives of the employing
authority.  If a district participates in the Peer Assistance and
Review Program for Teachers established pursuant to Article 4.5
(commencing with Section 44500), any certificated employee who
receives an unsatisfactory rating on an evaluation performed pursuant
to this section shall participate in the Peer Assistance and Review
Program for Teachers.
   (c) Hourly and temporary hourly certificated employees, other than
those employed in adult education classes who are excluded by the
provisions of Section 44660, and substitute teachers may be excluded
from the provisions of this section at the discretion of the
governing board.
  SEC. 6.  There is hereby appropriated for the 1999-2000 fiscal year
the sum of one hundred twenty-five million eighty-two thousand
dollars ($125,082,000) according to the following schedule:
   (a) The sum of forty-one million eight hundred thousand dollars
($41,800,000) from the General Fund to the Superintendent of Public
Instruction for the purposes of Section 44505 of the Education Code.

   (b) The sum of eighty-three million two hundred thousand dollars
($83,200,000) from the General Fund to the Superintendent of Public
Instruction for the purposes of Article 4 (commencing with Section
44490) of Chapter 3 of Part 25 of the Education Code.
   (c) The sum of eighty-two thousand dollars ($82,000) is hereby
appropriated from the General Fund to the Superintendent of Public
Instruction to provide support services related to the program
established pursuant to Section 44500 of the Education Code.
  SEC. 7.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
